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Web Site Terms-and-Conditions of Use; Copyright; Trademarks

By using this site, you indicate your consent to the following terms and conditions of use.   If you do not agree, do not use this site.

Definitions:   First-person pronouns (e.g. “we,” “us,” “our”) refer to Sundial Services, its agents and assigns.
Second-person pronouns (e.g. “you”, “your”) refer to “the user,” whether “the user” is an individual, a corporation, or some other legal entity.

Ownership and Purpose:   We own this site and all contents thereof.   We operate this site to facilitate our business, and as a convenience to our customers and business associates.   All user-contributed content must be consistent with that purpose, at our sole determination and discretion.   All decisions we make with regard to this site are final.

Copyright, Use of Content:   All content of the site, including user-contributed content, is:   © Copyright by Sundial Services, All Rights Reserved.   (This, among other things, is what gives us the right to stipulate these Terms and Conditions of Use.)

  1. Except as expressly provided in these Terms and Conditions of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web-site, or other medium, for publication or distribution or for any commercial enterprise, without our prior express written consent.
  2. Certain information about our products and services (such as data sheets, knowledge base articles, and similar materials) have been purposely made available by us on this site, expressly for downloading from the site.   You may use these, provided that you:
    • Don't remove any proprietary notice language in all copies of such documents; and...
    • Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and...
    • Make no modifications to any such information; and...
    • Don't make any additional representations or warranties relating to such documents.
  3. Certain information, such as product download images and corrective-service files, are intended for use by our registered customers only.   Any other distribution or disclosure of such materials, in whole or in part, is a violation of our copyright.
  4. Pursuant to our registered copyrights and trademarks, it is expressly forbidden to include or to offer any downloadable product-image files, for any version of ChimneySweep® or any other Sundial Services product, except with Sundial Services' prior express written consent to do so.   Examples include, but are not limited to: direct or indirect download links on a web site; inclusion of product files in any compilation; furnishing license codes or the means or technology to produce them.   Our product copyright has been registered with the U. S. Library of Congress since its earliest releases.   There are no authorized “free” copies of ChimneySweep anywhere. Violation of this provision is a Federal crime.
  5. When this site contains material which declares the copyright held by another legal entity or individual, it does so by virtue of a license expressly granted to us by that copyright-holder:   a license that may or may not have granted us exclusivity. For these purposes, this web-site is a “copyrighted compilation” in which these works appear. Please contact us, as well as the original copyright holder, for usage terms and/or permissions concerning these works.

Your use of the site:   You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process:

We reserve the right to bar such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, nor to any other systems or networks connected to the Site, nor to any of our servers nor to any of the services offered on or through the Site, by “hacking,” “password mining,” “session riding,” or any other illegitimate means.   You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor may you breach or attempt to breach the security or authentication measures of the Site or of any network connected to the Site.

You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site (or of any other customer) to its source.   You may not exploit, nor may you attempt in any way to exploit, either the Site or any service or information made available or offered by or through the Site, in any way where the purpose of said exploit might be construed to be “to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.”

You may not attempt to “mass-publish” content by automated means, nor place offensive or irrelevant content, nor otherwise seek to interfere with the peaceable enjoyment of this site by others.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, nor upon our systems or networks connected thereto.   You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, nor with any transaction being conducted on the Site, nor with any other person's use of the Site.   You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site, or of any service offered on or through the Site.   You may not pretend that you are, or that you represent, someone else, nor may you seek to impersonate any other individual or entity.   You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, nor to perform or to solicit the performance of any illegal activity or other activity which infringes the rights of ourselves or of others.

User contributed content:   We may, as a voluntary convenience to you, permit you to post comments or other contributions to our site, such that said content may be accessible to others. You are solely and completely responsible for all such content.   We reserve the right to moderate, edit, or remove such content at our sole discretion, but whether we choose to do so or not, we do not thereby endorse the content nor do we assume any liability for it.

By submitting any content, you represent that you are fully entitled to post the content, and that we are fully entitled to display it without infringing upon (or having infringed upon) the intellectual property rights or other rights of others.   Neither your content nor any “tags” may be such that (in our sole discretion) are inappropriate, defamatory or offensive.

Content to which you or anyone else claim separate copyright may not be posted unless you have granted us a prior explicit license. Such content will otherwise be removed as soon as its presence is discovered, to protect both our rights and the asserted rights of the copyright holder(s).

Syndication, RSS feeds, etc.:   This site may include features which allow syndication of the contents of this site, or references to other syndicated content from this site.   The owners of these sites are solely responsible for their site's content.   “Fair use,” of such public content of this site that has been released for syndication, is permitted.

Articles and Publications:   The content of this site may include articles and publications, some of which are intended for public viewing and some of which are for-sale. All such viewable material which is contained on this site is licensed for viewing only from this site and may not be copied elsewhere. Links, accompanied by brief abstracts or excerpts of not more than 100 words, are permitted. Material which is offered for-sale is, obviously, licensed only for sale and once purchased must be treated “like a book.” All materials are covered by our registered copyrights.

All statements made and opinions expressed by articles on our site are ultimately those of the authors themselves. They're intended for your information only. We think they're basically sound and generally useful:   you may or may not agree. You may decide to use them or to rely upon them in some way, or not:   that's your decision. Of course we welcome your opinions and feedback.

Links to other sites:   As a gesture of cooperation and goodwill to the developer community, we may elect to include links to other sites on our “links” page.   We include these links simply because we think that they offer products, services, or information that may be of interest to you.   We have no business interest whatever with respect to these sites, nor with the people or business entities who run them.   We cannot be held responsible for what they include on their sites or what they do.   Naturally, we sincerely appreciate it when a site chooses to “return the favor.”   (Thank you very much!)   We don't accept, nor do we offer, any sort of compensation for our links.   Advertising is not permitted on our site.   We reserve the right to change or remove any link (or the entire “links” page) at any time at our absolute discretion.   If you wish for us to alter the descriptive text that accompanies your link, or to remove the link altogether, please contact us so that we may properly address the situation (at our discretion).

Trademarks:   ChimneySweep® is a registered trademark of Sundial Services.   All other marks are the property of their respective owners, particularly including (but not limited to) the following:

The use of any trademark or registered trademark is not intended to imply endorsement of, nor by, these products or their respective vendors.

We have attempted to give your trademark proper legal notice on every page throughout the site, annotating the first use on each page with the appropriate symbol. If you believe that we have used your proprietary trademark in error, or if you believe that any part of the material on this site violates or infringes upon any of your copyrights, please let us know so that we may promptly correct the issue.

We hope that you've found this description of our terms-of-use informative and useful.   We do, of course, reserve the right to change them from time to time as we may see fit.

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